The Ohio Rules of Professional Conduct

The Ohio Rules of Professional Conduct remind us, that as attorneys we function not only as advocates in adversarial situations, but also as negotiators, evaluators and advisors.[1] The Rules outline our affirmative duty to provide information reasonably necessary to inform clients or other persons seeking our advice of the advantages and disadvantages of proposed courses of conduct which includes discussion of the client’s or other person’s options and alternatives.[2] The Rules also provide that it is our clients who determine the scope of our representation and that we must respect our clients’ decisions concerning the objectives of that representation. Moreover, the Rules recognize that a lawyer’s advice, couched in narrow legal terms, may be of little value to a client, especially where practical considerations, such as cost or effects on other people, are predominant; simply put, “Purely technical legal advice, therefore, can sometimes be inadequate.” [3]

Collaborative law is a method or process, if you will, which enables attorneys to fulfill their professional responsibilities as proscribed by the Rules of Professional Conduct in a way unlike any other. The skills and knowledge necessary to function as a lawyer in a formal Collaborative Process include knowledge of legal standards and procedure, communication skills and an aptitude for empathetic listening which will enable a lawyer to understand the underlying goals and interests of a client. Collaborative law embodies a nonjudgmental approach to problem solving and it requires of most lawyers a significant “paradigm shift” in the way they think about their roles and how they can help accomplish the task at hand. With the advent of collaborative law, clients are asking their lawyers to practice their learned profession in ways not taught in law school.[4]

The Ohio Rules of Professional Conduct remind us, that as attorneys we function not only as advocates in adversarial situations, but also as negotiators, evaluators and advisors.[1] The Rules outline our affirmative duty to provide information reasonably necessary to inform clients or other persons seeking our advice of the advantages and disadvantages of proposed courses of conduct which includes discussion of the client’s or other person’s options and alternatives.[2] The Rules also provide that it is our clients who determine the scope of our representation and that we must respect our clients’ decisions concerning the objectives of that representation. Moreover, the Rules recognize that a lawyer’s advice, couched in narrow legal terms, may be of little value to a client, especially where practical considerations, such as cost or effects on other people, are predominant; simply put, “Purely technical legal advice, therefore, can sometimes be inadequate.”